Constitutional Chats Presented By Constituting America

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Ep. 186 - The Third Amendment: Is It Relevant Today? Oct 19, 2023

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At first glance, in a contemporary view, the Third Amendment may seem like a relic from the founding era of our country. Today, it would seem strange for the military to require homeowners to house and feed soldiers. We think it just would not happen. Perhaps the certainty around it not happening today should be attributed to the Third Amendment's success: being so unambiguous and precise when it was written. Join our all-star student panel and returning guest Hans von Spakovsky, Senior Legal Fellow at the Heritage Foundation, for this insightful discussion on this oft-overlooked yet critical amendment and the important founding principles it reflects, including the right to property.

Ep. 185: The Second Amendment: Can a Governor Issue an Executive Order to Restrict Gun Rights? Oct 12, 2023

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Last month the governor of New Mexico issued a temporary public health order restricting the carrying of firearms in Albuquerque and Bernalillo County. The bipartisan pushback against this order was swift and she later amended the order to only apply at parks and playgrounds. From where, if anywhere at all, did the governor derive such a power? Does this conflict with the second amendment and laws that allow for carrying of firearms? This is the topic we are discussing today. Joining our all-star student panel, we are honored to have John R. Lott, Jr., President of the Crime Prevention Center, as our special guest for this important discussion.

Ep. 184 - The First Amendment & Government Intrusion in Social Media Oct 06, 2023

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Free speech in the First Amendment protects us from government censorship but not private censorship. This means the government cannot censor your speech but a private entity such as a newspaper does not have an obligation to publish your speech. Continuing this analogy, are social media companies more like a newspaper where they can pick and choose which speech to publish or more like a telephone company where they allow all speech regardless of content to use their infrastructure? What happens when the government wants to stifle otherwise free speech, but doesn't have the grounds to do so? We've seen a troubling trend of the government pressuring social companies to censor speech. Joining our all-star student panel to discuss this trend, we are excited to welcome Brad Smith, Professor of Law at Capital University, former FCC Chairman and founder and Chairman of the Institute for Free Speech for this informative discussion.

Ep. 183 - Justice In The Supreme Court Sep 29, 2023

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Court with lifetime appointments. They decide the most pressing issues of federal law. Did you know the Court regularly receives over 7,000 annual petitions for a case to be heard, but only accepts 60-70 cases per year? Did you know the 9 justices get to decide which cases they hear? Did you know the justices employ a few dozen law clerks to help them work through their caseload? Our guest today has the incredible accomplishment of clerking for not just one Supreme Court Justice but two, and a third justice before he was elevated to the Supreme Court. Whitney Hermandorfer works as Director for Strategic Litigation in the Tennessee Attorney General's Office and we are excited to welcome her alongside our all-star student panel for this incredible conversatio

Ep. 182 Justice Inherent in Our Inalienable Rights Sep 22, 2023

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"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." Regular followers of Constituting America understand the importance of this passage from the Declaration of Independence and our natural rights: rights given to us by God that can never be taken away. But take this a step further and you see how these inalienable rights begin to create our system of justice. Without natural rights, rights become merely a privilege and can be taken away…justly or unjustly. We are delighted to have Dr. Jason Stevens, Visiting Assistant Professor of Political Science at Ashland University, joining our all-star student panel as we dig deeper into our natural rights to find our foundation of justice.

Ep. 181 – Justice in our Checks and Balances Sep 15, 2023

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Our federal government is divided into three branches and each branch has certain powers over the others. We identify this as separation of powers and checks and balances. What if all three powers were held in one set of hands? That government would be the definition of tyranny. Our founders knew government is both necessary and very dangerous so they created this system so today we can ensure equal protection of equal rights for all citizens. We are delighted to welcome Dr. Thomas Krannawitter, President of Speak Easy Ideas, and our all-star student panel for this discussion of checks and balances.

Ep. 180 – Lady Justice — Why the Blindfold? Sep 07, 2023

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The United States Supreme Court has various depictions of Lady Justice in and around the building. These depictions portray her with three items: a blindfold, scales and a sword. The blindfold and scales suggest the use of reason and logic in judicial judgement. The sword suggests the strength to carry out that judgement. Have you wondered how the concept of an independent judiciary furthers the separation of powers because one branch of government cannot be the judge in its own case? To elaborate further on these fascinating themes, we are delighted to have Richard Reinsch, Director of the B. Kenneth Simon Center for American Studies and AWC Family Foundation Fellow at The Heritage Foundation, join our all-star student panel for this insightful discussion.

Ep. 179 – The Conscience of America – the Declaration of Independence! Sep 01, 2023

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Regular followers of Constituting America understand our appreciation for the Declaration of Independence as one of the most groundbreaking documents ever written. Did you know this document was crafted as a logical argument listing both major and minor premises against the Crown making the case for colonial independence? It also illustrates three levels of justice: natural law, legal justice and what can best be described as justice related to conscience. Joining our all-star student panel, we are excited to have William Morrisey, former Professor at Hillsdale College returning as our special guest as we discuss this historic document as America's conscience.

Ep. 178 - America's Principle of Civic Duty Aug 25, 2023

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John Adams wrote, "Liberty can no more exist without virtue and independence than the body can live and move without a soul." To understand the need for civic duty, one must fully grasp civic virtue and to fully grasp civic virtue, one must have a civic education. Understanding the hows and whys of our governmental system is vital in knowing how we can best participate and contribute to that structure. We are excited to have Charles "Cully" Stimson, USN, Retired, returning as our special guest with our all-star student panel for this exciting and "virtuous" discussion.

Ep. 177 - America's Principle of Meritocracy Aug 18, 2023

Show notes

Not very long ago, the circumstances to which you were born largely dictated the path your life took. If you were born into the aristocracy, you likely died the same way. If you were born into poverty, you likely died the same way. The United States ushered in a new era of thinking: meritocracy. It is this notion that a people should rise and fall based on their achievements and not the circumstances of their birth or membership in a social class. We take this for granted today, but this was a novel idea in the late 18th century. So what are the merits of a meritocracy? How does it foster innovation and hamper cronyism? To help us grasp this concept, we are delighted to welcome back our all-star student panel and Andrew Langer, President of Institute for Liberty, for this "meritorious" discussion.

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